Palpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Palpandi ... Petitioner/Accused No.2 Vs The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

(Crime No. 446/2024.) ... Respondent/Complainant For Petitioner :

M/s. Arun B, Advocate.

For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 446 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(2)(a), 4(2)(c), 5(1)(d) and 6(1)(b) of 1/5

Immoral Traffic )Prevention) Act, 1956, in Crime No.446 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that on secret information, the defacto complainant and his team went to the Isha Ayurvedic Spa at Vandiyoor, Madurai and found that the accused along with the sex workers indulged in immoral trafficking activities. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the investigation in this case is not yet completed and the petitioner is having 2 previous cases. However, he fairly conceded that the coaccused was already arrested and released on bail. 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a 2/5

copy of this order, before the learned Judicial Magistrate VI, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of three weeks and thereafter, as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial; (e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate No.VI, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.ARUN, Advocate ( SR-8162[I] dated 19/07/2024 )

ORDER

IN CRL OP(MD) No.10696 of 2024 Date :18/07/2024 4/5

ED/ VR /SAR- (26/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5